§ MR. CRAUFURDsaid, he would beg to ask the First Lord of the Treasury, Whether it is the intention of Her Majesty's Government to fill up the vacancy in the Court of Session occasioned by the decease of Lord Barcaple; or whether they intend to defer any decision on the subject until the Scotch Lave Courts Commission have presented their Report, and the same has been considered by the House?
MR. GLADSTONESir, the Question of the hon. and learned Member relates to the filling up of the vacancy in the Court of Session occasioned by the death of Lord Barcaple. Now, what we are informed is this—Lord Barcaple was a Judge of the Outer Court, and we are told that that court is heavily charged with business, while the Upper or Inner Court is by no means so heavily charged with business. The latter is the higher court, and I understand it would not be satisfactory to bring the Judges of the 1738 Inner Court in aid of the Judges of the Outer Courts, because of their positions being higher. What we propose to do, therefore, is this—we shall fill up the vacancy caused by the death of Lord Barcaple, in order to prevent any public inconvenience arising in the delay of business, and arrears in the Outer Court, but we propose to make the appointment subject to the condition that the person taking the office shall be bound by any rules or regulations which Parliament may think fit to enact as to the future arrangement of business in these courts, because we think the present distribution of judicial strength is not what it ought to be, and the attention of the Parliament must be called to the matter.